National Roundup

Wisconsin
Judge upholds mask order for enclosed spaces
MADISON, Wis. (AP) — A Wisconsin judge on Monday allowed the state’s mask mandate to stand, rejecting an attempt by the Republican-controlled Legislature and a conservative law firm to overturn it, even as cases are spiking.

The judge noted in his ruling that the Legislature could vote to overturn the order from Democratic Gov. Tony Evers if they wanted to, but they haven’t so far.

Republican legislative leaders and a spokesman for the Wisconsin Institute for Law and Liberty, which brought the case, did not immediately return messages seeking comment. The Legislature filed a brief in support of the lawsuit. The ruling is expected to be appealed.

The lawsuit argued that Evers overstepped his authority by issuing multiple emergency orders to curb the coronavirus pandemic. Evers defended the mask order, saying it was within his power to impose the requirement and that he followed the recommendations of public health experts.

St. Croix County Circuit Judge R. Michael Waterman said in his ruling that nothing prevents a governor, as Evers did in this case, from issuing multiple emergency declarations “when the emergency conditions continue to exist.”

“And, if the Legislature is unconvinced that a state of emergency does exist, the Legislature has the ultimate power to terminate it,” the judge said.

The judge also noted that overturning the mask mandate, in place since August, would “affect every person in Wisconsin by a judicial act that usurps the governor’s power to declare a state of emergency and the Legislature’s power to end one.”

Evers first declared a public health emergency in March and renewed it in July after the Legislature declined to extend it. The July order  mandated the wearing of masks starting in August for anyone aged 5 and up in all enclosed spaces except at home. He issued another order in September that extended the mask mandate until Nov. 21. Violators could be subject to a $200 fine.

The lawsuit argues that Evers can issue only one emergency declaration per crisis. Attorney Anthony LoCoco said during a hearing last week t hat the multiple declarations amount to a power grab and that the mask mandate is an “invasion” of personal liberty.

The lawsuit also argued that masks are ineffective since Wisconsin’s infection numbers have continued to rise since Evers’ mandate was imposed.

Assistant Attorney General Colin Hector argued for the state that the three orders were designed to address the growing pandemic.

Wisconsin is among the worst COVID-19 hot spots in the country, topping more than 150,000 positive cases on Sunday. Medical experts have attributed Wisconsin’s spike to colleges and K-12 schools reopening and general fatigue with precautions such as wearing masks and socially distancing.

The rising tide has some hospitals nearing capacity, especially in northeast and central Wisconsin, and the governor’s office has announced the activation of a field hospital at the state fairgrounds to accommodate the increase in patients.

Republican legislators in May succeeded in getting the conservative-controlled Wisconsin Supreme Court to strike down Evers’ virus-related stay-at-home order. The high court ruled that the Evers administration had overstepped its authority when it extended the order without consulting lawmakers.

Republican legislators in other states have skirmished repeatedly with Democratic governors over their powers during the pandemic. In neighboring Michigan, the conservative-majority state Supreme Court ruled that the law underpinning Gov. Gretchen Whitmer’s response to the pandemic was unconstitutional.

California
Officials say unofficial ballot boxes are illegal
SANTA ANA, Calif. (AP) — California election officials have received reports that unofficial ballot drop boxes were placed in several counties and said these set-ups are illegal.

The Orange County Register reports  Monday that Secretary of State spokesman Sam Mahood said boxes were reported in Fresno, Los Angeles and Orange counties at locations including political party offices, candidate headquarters and churches. He said the state was looking into the origin of the boxes.

California’s Secretary of State issued a memo to county registrars this weekend clarifying that unofficial drop boxes are illegal and ballots must be returned by mail or to official polling places, vote centers or ballot drop-off locations.

The memo comes after a regional field director for the California Republican Party in Orange County supporting the congressional campaign of Michelle Steel posed in a social media photo with a box labeled “official ballot drop off box” and encouraged voters to message him for “convenient locations” to drop their ballots, the newspaper reported. Steel, a county supervisor, is challenging Democratic Rep. Harley Rouda for his seat.

There was a report about a similar box at a church in the Los Angeles County community of Castaic. The church posted on social media the box was “approved and brought by the GOP,” the paper said.

In Orange County, Registrar of Voters Neal Kelley said official drop boxes are clearly recognizable and carry the official county elections logo. He said it wasn’t clear how many voters had used these unofficial drop boxes in his county but after receiving reports about them he notified the state and district attorney’s office.

“It would be like me installing a mailbox out on the corner – the post office is the one that installs mailboxes,” Kelley told the newspaper.

Lance Trover, a spokesman for Steel’s campaign, deferred questions to the state Republican Party.

Messages seeking comment were left for the state Republican Party. The party questioned in a post on Twitter this weekend what would be wrong with a group providing an option for associates to drop off ballots in a safe location rather than handing them to an individual.

A message was left seeking comment with California’s Democratic Party. Ada Briceño, chair of the Democratic Party in Orange County, said in a statement the fake boxes were an attempt at voter suppression.

“Voters need trust in our election system, and this latest attempt by senior Republicans only erodes that trust,” she said.